(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in section 30-2450, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Notes of Decisions
Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).
· cites it 4× “22 Neb. Rev. Stat. § 30-2454 (Reissue 2016) grants a person interested in the estate the right to petition for removal of a personal representative for cause.”
In Re Est. of Cooper, 275 Neb. 322 (Neb. 2008).
· cites it 8× “With regard to the removal of a personal representative, Neb. Rev. Stat. § 30-2454 (a) (Reissue 1995) provides, inter alia, as follows: A person interested in the estate may petition for removal of a personal representative for cause at any time.”
In Re Est. of Nemetz, 735 N.W.2d 363 (Neb. 2007).
· cites it 4× “Just two issues are presented in this appeal: Did the county court have jurisdiction to appoint Kathleen as personal representative? Did the county court err in denying the children’s request to remove Kathleen as personal representative? We note that a proceeding under Neb.”
In Re Est. of Sutherlin, 622 N.W.2d 657 (Neb. 2001).
· cites it 5× “§ 30-2420 (b) (Reissue 1995) prohibits the retroactive vacation of his appointment and that under this statute, the only permissible avenue for his removal is for cause under Neb. Rev. Stat. § 30-2454 (b) (Reissue 1995).”
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021).
· cites it 4× “A proceeding under Neb. Rev. Stat. § 30-2454 (Reissue 2016) to remove a personal representative for cause is a special proceeding and can be a final, appealable order even though it may not terminate the action or consti- tute a final disposition of the case.”
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989).
· cites it 6× “Section 30-2454 confers upon persons interested in an estate the specific right to petition the county court to remove the personal representative for cause at any time.”
In Re Est. of Weingarten, 624 N.W.2d 653 (Neb. Ct. App. 2001).
· cites it 5× “On November 4, 1999, the court issued an order finding that it was in the best interests of the estate that both Beal and Weingarten be removed as the copersonal representatives of the estate pursuant to Neb.”
In re Est. of Etmund, 297 Neb. 455 (Neb. 2017).
· cites it 5× “Etmund (Etmund), deceased, should be removed pursuant to Neb. Rev. Stat. § 30-2454 (Reissue 2016).”
In Re Trust of Rosenberg, 693 N.W.2d 500 (Neb. 2005).
· cites it 3× “We have held that a proceeding under Neb. Rev. Stat. § 30-2454 (Reissue 1995) to remove a personal representative for cause is a special proceeding within the meaning of § 25-1902 and therefore is a final order and is appealable, even though it may not terminate the action or…”
In re Est. of Anderson, 974 N.W.2d 847 (Neb. 2022).
· cites it 4× “- ing testacy, any previously appointed personal representative, and any person having or claiming priority for appointment as personal representative, “the court shall determine who is entitled to appointment under section 30-2412, make a proper appointment and, if appropriate,…”
In Re Est. of Seidler, 490 N.W.2d 453 (Neb. 1992).
· cites it 3× “A proceeding under Neb. Rev. Stat. § 30-2454 (Reissue 1989) to remove a personal representative for cause is a special proceeding within the meaning of Neb.”
In re Est. of Beltran, 310 Neb. 174 (Neb. 2021).
· cites it 2× “Finally, the pro- bate court noted that Mario made no request to terminate the appointment of the personal representative as allowed under Neb. Rev. Stat. § 30-2454 (Reissue 2016).”
— Neb. Rev. Stat. § 30-2454(a) — 2 cases
— Neb. Rev. Stat. § 30-2454(b) — 11 cases
In Re Est. of Nemetz, 735 N.W.2d 363 (Neb. 2007).
“Just two issues are presented in this appeal: Did the county court have jurisdiction to appoint Kathleen as personal representative? Did the county court err in denying the children’s request to remove Kathleen as personal representative? We note that a proceeding under Neb.”
In re Est. of Etmund, 297 Neb. 455 (Neb. 2017).
“Etmund (Etmund), deceased, should be removed pursuant to Neb. Rev. Stat. § 30-2454 (Reissue 2016).”
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989).
“Section 30-2454 confers upon persons interested in an estate the specific right to petition the county court to remove the personal representative for cause at any time.”
In Re Est. of Sutherlin, 622 N.W.2d 657 (Neb. 2001).
“§ 30-2420 (b) (Reissue 1995) prohibits the retroactive vacation of his appointment and that under this statute, the only permissible avenue for his removal is for cause under Neb. Rev. Stat. § 30-2454 (b) (Reissue 1995).”
In Re Est. of Seidler, 490 N.W.2d 453 (Neb. 1992).
“A proceeding under Neb. Rev. Stat. § 30-2454 (Reissue 1989) to remove a personal representative for cause is a special proceeding within the meaning of Neb.”
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